Terms and Conditions
1. Introduction
1.1. These Terms and Conditions (the “Agreement”) govern the entire relationship between you the Client and the Company.
1.2. This Agreement contains a mandatory arbitration provision that as further set forth in Section 17 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
1.3. Contact info:
Support email: help@calmpops.com
2. Definitions
2.1. Some terms are defined in the introductory part of this Agreement. Unless this Agreement provides otherwise, wherever used in this Agreement, including the introductory part, the following terms when capitalized shall have the following meanings:
Agreement - Agreement for providing Goods and/or Digital Content concluded online by the Company and the Client.
Client - the buyer of Goods and/or user or the buyer of Digitial content as explained in this Agreement.
Company - shall mean UAB Techtank, code 307079619, registered address at Laisvės pr. 78B-214, LT-05263 Vilnius, Lithuania.
Offer - the offer to enter into this Agreement of purchase of Goods and/or Digital content provided by Company to the Client through the Website.
Privacy Policy - the privacy policy of the Company published on the Website.
Digital content - digital content sold or offered from time to time online by the Company.
Goods - supplements and/or other products in physical form sold online by the Company.
Distance contract - a contract concluded between the Company and the Client within the framework of a system organized for the distance sale of Digital content and/or Goods.
Services – product subscription service.
Website - the website of the Company.
3. Distance contract
3.1. The Distance contract will be concluded at the moment when the Client accepts the Offer.
3.2. As the Client will accept the Offer electronically, the Company will confirm receipt of acceptance of the Offer electronically. In case the Client purchases Digital content, such will be provided to the Client`s e-mail address provided by the Client.
4. Payments
4.1. All payments under this Agreement are processed through a third-party payment provider. By submitting payment, you agree to be bound by the applicable terms and conditions of the payment provider. The Company does not store your payment details and is not liable for any issues arising from the processing of your payment by the third-party provider.
4.1.1 All transfers conducted through the Company are handled and transacted through third-party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
4.2. After the Client is transferred to the third party payment service provider, the risk of loss or damages will pass to the Client and/or third party service. The Client’s online credit or debit card payments to the Company will be handled and processed by a third-party payment service provider and none of the sensitive data in relation to your payment will be stored on or used by the Company. The Company shall not be liable for any payment issues or other disputes that arise due to the third-party payment services. The Company may change the third-party payment service provider from time to time.
4.3. All prices and costs are in US Dollars unless otherwise indicated.
4.4. All Goods remain Company’s property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents’ permission to buy from the Company.
4.5. Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customer’s own expense.
Subscription purchase terms:
4.6. In order to ensure that the Client does not experience an interruption, the Goods and/or Digital content may be offered on automatic renewal - SUBSCRIPTION.
4.6.1. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE SUBSCRIPTION UPON EXPIRATION OF THE CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT PERIOD. For example, if the Clients last subscription period is for one year, the renewal period will typically be for one year.
4.6.2. Unless the Client cancels the subscription, Company will automatically renew the subscription when it comes up for renewal and will take payment from the payment method associated with the account in the Client’s account.
4.6.3. The Company may change the subscription plans and the price from time to time. Renewals will be charged at Company’s then-current rates, which Client acknowledges and agrees may be higher or lower than the rates for the original subscription period.
4.6.4. IF CLIENT DOES NOT WISH FOR SUBSCRIPTION TO AUTOMATICALLY RENEW, he may elect to cancel the subscription at least 48 hours before the end of the current period, in which case, the subscription will be terminated upon expiration of the then-current term unless he manually renews the subscription prior to that date.
4.6.5. If the Client has purchased the subscription on the Companies website, Client may easily cancel the subscription by logging in to the Users Account on Companies website or contacting the support team.
4.7. The Company may offer the trials of paid subscriptions for the limited time at a special price or without payment (“Trial”). The Company will automatically begin charging the Client for the subscription on the first day following the end of the Trial on recurring basis of the interval what Company discloses in the Special Deal, chosen by the Client. If Client doesn’t want to be charged, he must cancel the subscription before the end of the Trial.
5. Refund Policy
5.1. The Company follows a no refund policy unless the product (either Digital content or Goods) is proven to be not as described or faulty. In such cases, the Client must follow the Return Policy
5.1.1. Once a refund is issued, the Client no longer has the access to Company’s product (either Digital content or Goods).
5.1.2. All refunds are applied to the original method of payment.
5.1.3. The Company will not be responsible for the refund or reshipping the order to the other address if the Client didn’t provide correct or full delivery or contact information (including delivery address, email address).
Return Policy
5.2. If the Goods are faulty, the Client should contact the Company's customer support team within 14 days of delivery and provide detailed information proving Company’s product (either Digital content or Goods) fault (with visual proof attached). Once contacted, the customer support team will provide the Client with a prepaid shipping label. The package with the Goods must be sent using the prepaid shipping label within 3 days of notifying customer support, as the Company cannot provide a refund if the Client uses a separate shipping label.
5.2.1. After the package with the prepaid shipping label is received and inspected by our staff, a refund will be authorized by the same payment method used for the purchase. Please note that the refund process may take up to 14 business days to complete and for the refund to be credited to the Client's account. If the Client fails to meet the deadlines outlined in our Refund Policy, the Company will be unable to offer a refund.
Return address for Goods
Laisves pr. 78B-214, 5263 Vilnius
30 DAYS MONEY BACK GUARANTEE FOR PHYSICAL GOODS RULES:
5.3. We want you to be fully satisfied with your purchase. If you are not satisfied for any reason, you may request a full refund within 30 days of your original purchase date.
To qualify for a refund:
Your request must be submitted in writing to Company support within 30 calendar days of the purchase. You will be asked to fill the return form and send it to our customer support, only after that you can ship the Goods back.
The Goods must not be damaged, they must be in the original package. Any physical goods must be returned in their original condition and packaging (shipping costs shall be covered and paid by customer).
Return address for Goods
Laisves pr. 78B-214, 5263 Vilnius
After the package is received and inspected by our staff, a refund will be authorized by the same payment method used for the purchase. Refunds will be issued to the original payment method within 20 business days. This guarantee applies only to first-time purchases and does not cover subscription renewals or repeat purchases unless explicitly stated.
The Company reserves the right to deny refund requests that do not meet these conditions or appear to be fraudulent or abusive.
LIMITED WARRANTY:
5.4. The Company offers a 14-day Limited Warranty to replace defective and faulty physical Goods.
5.4.1. For the Limited Warranty, the rules set out in Section 5.2 regarding the Return Policy shall apply. Customers must provide valid proof of purchase in the form of a receipt or invoice that clearly states the date and location of purchase. The Company reserves the right to inspect all returned Goods to confirm whether they qualify for the warranty or return policy. If the Goods are found to be defective, the Company will repair or replace (at our option) the defective product.
5.4.2. This limited warranty is void if the product has been altered, abused, misused, lost, damaged by accident, damaged by unauthorized adjustment, and/or damaged by failure to provide reasonable and necessary care. This warranty does not apply to damage from shipping or normal wear and tear. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
6. Intellectual Property Rights
6.1. As between Company and Client, all intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights, and any other proprietary rights in or to related to the Goods and content are owned by the Company.
6.2. The Client may not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display or perform, publish, or otherwise make any content, including Digital Content, available to third parties, whether in whole or in part, without the Company’s prior written consent.
6.3. Nothing in this Agreement shall be construed as a transfer of any intellectual property rights to the Client, except as expressly provided in Section 7.1 below.
7. Use of Digital content
7.1. All intellectual property rights specified in Article 6.1 and relating to Digital content are owned by the Company. Digital content is licensed pursuant to this Section 7 and is not sold. The Client will only be granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license, subject to the terms and conditions of this Agreement, to use (solely for the Client’s individual use) any Digital content provided by Company to the Client.
7.2. The term of this licence shall be for a term of 5 years from the date of the Client receiving the applicable Digital content, unless earlier suspended or terminated in accordance with this Agreement.
7.3. Unless expressly otherwise provided, the Client must not use any Digital content except for personal, non-commercial purposes.
7.4. The Client must not edit, reproduce, transmit or lend the Digital content or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the licence provided in this Section 7 by the Company.
7.6. If the Client violates this Section 7, the Company may suspend access to the relevant Digital content, without limiting any of Company’s rights or remedies under this Agreement or applicable law, including Company’s right to recover from the Client the loss suffered as a result of or in connection with the infringement including any expenses incurred.
8. Sale of Digital Content Prohibited
8.1. The Client is prohibited from selling, offering for sale, sharing, renting out or lending Digital content, or copies of Digital content.
9. Indemnity
9.1. The Client will indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers, harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of Client’s breach of this Agreement, or Client’s violation of any law or the rights of a third party in conjunction with Client’s breach of this Agreement.
10. Liability
10.1. THE CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO THE CLIENT EXCEED ONE HUNDRED DOLLARS ($100).
10.2. A party to the Agreement shall be released from responsibility for non-fulfilment if it proves that this Agreement was not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses caused by force majeure, riot, war, or natural events or due to other occurrences for which the Company is not responsible (e.g. strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The Client must provide written notification of the occurrence of force majeure, which prevents the fulfillment of this Agreement, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by e-mail or on the Website if possible.
10.3. Liable company: UAB Techtank, is the owner and the seller of the Goods. THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT LOSSES UNLESS OTHERWISE PROVIDED UNDER THE APPLICABLE LAWS.
11. Medical disclaimer
11.1. BEFORE TRYING GOODS BY THE COMPANY, THE CLIENT SHOULD CONSULT WITH HIS/HER HEALTHCARE SERVICE PROVIDER.
11.2. THE COMPANY ENCOURAGE THE CLIENT TO SEEK APPROPRIATE MEDICAL ADVICE OR ASSISTANCE BEFORE USING COMPANY`S GOODS.
11.3. THE CLIENT SHOULD NOT DISREGARD MEDICAL ADVICE OR DELAY VISITING A MEDICAL PROFESSIONAL BECAUSE OF SOMETHING CLIENT READ ON THE COMPANIES WEBSITE, OR ON OTHER COMPANIES COMMUNICATION CHANNELS.
12. Validity and Termination
12.1. This Agreement is effective after the Client accepts and electronically expresses his/her consent to comply with them, and they shall remain in effect until terminated in accordance with the following section.
12.2. The Company may terminate the relationship with the Client at any time in the following cases: (1) the Client does not agree with the Agreement; (2) the Client commits any breach of the Agreement; (3) the Client does not provide the information requested by the Company and/or provides incorrect and/or incomprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.
13. Changes to Agreement
13.1. This Agreement, Privacy Policy, and any additional terms and conditions that may apply are subject to change. The Company reserves the right to modify and update the Agreement from time to time and such changes shall be effective immediately upon posting to the Company’s Website.
13.2. All amended Agreement, Privacy Policy, and any additional terms and conditions will be posted online. The Company may give notice to the Client of any upcoming changes by sending an email to the primary email address provided by the Client or notifying through the Website.
13.3. The Client understands and agrees that any continued use and access to the Services after any posted updates of the Agreement, means that Client voluntarily agrees to be bound by this Agreement. If Client does not agree to be bound by the updated Agreement, he/she should not use (or continue to use) the Services.
14. Communication
14.1. In general, the Company prefers communication by e-mail. By accepting this Agreement, the Client accepts communication by e-mail. For this purpose, the Client is requested to have a valid e-mail address and provide it when filling required information. The Company may publish information related to this Agreement or Services on the Website. The Client should check his/her e-mail messages as well as information provided on the Website regularly and frequently. E-mails may contain links to further information and documents.
14.2. It is the Client’s responsibility requested to keep copies of all communications from the Company.
14.3. The Client may request a copy of this Agreement or any other contractual document by contacting support team
14.4. The communication with the Client will be made in English unless the Company and the Client agree to communicate in another language.
15. Dispute resolution
15.1. Governing Law. This Agreement is governed by the laws of Texas without regard to its principles of conflicts of law, and regardless of the Client’s location.
15.2. Informal Dispute Resolution. The client agrees to participate in informal dispute resolution before filing a claim against the Company.
Any complaints in relation to the Company and the Services provided to the Client should be addressed to the Company sending a message to our email.
Client should clearly indicate that a complaint is being submitted and specify the grounds and circumstances concerning the complaint. The Company will send a complaint acknowledgment to the e-mail address from which the complaint has been received. We will consider the complaint and respond to the Client within 14 calendar days of the day of receipt of a relevant complaint. If a dispute is not resolved within 30 calendar days of the day of receipt of a relevant complaint, Client or Company may bring a formal claim.
15.3. Arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between Client and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Client and Company agrees that Client and Company are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
15.4. Client agrees that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and Client is agreeing to give up the ability to participate in a class action.
15.5. Client may opt-out of this agreement to arbitrate by emailing us with Client’s first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that Client declines this arbitration agreement.
15.6. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Client or Company that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude Client from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
16. Miscellaneous
16.1. No person other than the Client shall have any rights under this Agreement.
16.2. Client may not assign any rights under this Agreement to any third party without the prior consent of the Company. The Company at its sole discretion may assign its rights and obligations under this Agreement in full or in part to any third party.
16.3. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.
16.4. THE CLIENT IS OBLIGED TO CAREFULLY READ THIS AGREEMENT BEFORE ACCEPTING IT OR PURCHASING THE GOODS SOLD BY THE COMPANY. THE CLIENT AGREES THAT HIS/HER PURCHASE OF THE GOODS AND/OR DIGITAL CONTENT ACKNOWLEDGES THAT THE CLIENT HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY IT.
16.5. The processing of Client’s personal data is governed by the Privacy Policy. It is recommended for the Client to print and keep a copy of the Privacy Policy together with this Agreement.